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Updated: June 6, 2025
It forces us to remember, against our will, the oratorical character of his works. They were all pleas, and he a great advocate, with Europe in the jury-box. Enthusiasm begets enthusiasm, eloquence produces conviction for the moment, but it is only by truth to nature and the everlasting intuitions of mankind that those abiding influences are won that enlarge from generation to generation.
To understand it, you must know that in the judicial procedure of American City they used both men and women jurors; and because busy men of affairs did not want to waste their time in the jury-box, nor to have the time of their clerks and workingmen wasted, there had gradually grown up a class of men and women who made their living by working as jurors.
Higher and stronger surged the tide of passionate eloquence, until every one felt that the icy barrier was beginning to yield, for tears were already seen on more than one of the faces now leaning breathlessly forward from the jury-box to listen, when all at once a dead silence fell throughout the hall: the voice whose organ-tones had been filling its remotest nook suddenly died away in a strange gurgle.
What "the safeguards of the Constitution" mean what "the bulwark of English freedom," and "the Palladium of British freedom" are worth, when Englishmen fill the jury-box and an Irishman stands in the dock, Maguire had had a fair opportunity of judging.
At length, stirred into something like life by the accents of the judge, he raised his head with an effort. The latter addressed him as thus: "Sir Robert Whitecraft, you have been convicted this day by as enlightened a jury as ever sat in a jury-box.
After a pause, in which the rapid rustling of leaves was heard in the jury-box, Colonel Starbottle declaimed in a pleading, stentorian voice, "'Stay me with er FLAGONS, comfort me with er apples for I am er sick of love. Yes, gentlemen! yes, you may well turn from those accusing pages and look at the double-faced defendant.
He pleaded for the machine for the safety of the community, for the majesty of the law. He demanded instant conviction for this trickster, this Fagin among men, this hoary-headed old scoundrel who had insulted the intelligence of twelve of the most upright men he had ever seen in a jury-box, insulted them with a tale that even a child would laugh at.
The judge sat up and glanced at the jury-box, and when the foreman proceeded to state that "We find no sufficient reason for presuming the testator, John Bellingham, to be dead," he nodded approvingly. Evidently that was his opinion, too, as he was careful to explain when he conveyed to Mr. Loram the refusal of the Court to grant the permission applied for.
The argument was that every cause a man's claim or his defense ought to be presented in its fullness and urged with all the advocate's ingenuity, and that the decision was in the bosom of an immaculate justice on the bench and the unbiased intelligence in the jury-box. This might be so.
When the jury-box was finally full, the two lawyers waited for the clerk to bring them the small board upon which slips of paper bearing the names of the twelve jurors were fastened in rows in order of their selection jurors one, two, and three being in the first row; four, five, and six in the second, and so on.
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